Bill

HB 2059

85(R) - 2017
House Licensing & Administrative Procedures
Senate Criminal Justice
House Licensing & Administrative Procedures
Senate Criminal Justice
Alcoholic Beverage Code
Criminal Procedure

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral

Author(s)

Larry Phillips

Sponsor(s)

Bryan Hughes

Bill Caption

Relating to the expunction of certain convictions or arrests of a minor for certain alcohol-related offenses.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

Under current law, if a person was convicted for an alcohol related offense as a minor, they may apply to have their conviction expunged at the age of 21. This bill would expand that process to include individuals who were not convicted, but placed under custodial or noncustodial arrest for not more than one violation. If the application is successful, the court shall order all complaints, verdicts, prosecutorial and law enforcement records, and other documents related to the violation to be expunged from the applicant’s record. 

Vote Recommendation Notes

There is an expungement process for individuals who have been convicted of an alcohol related offense as a minor, but currently there is no process for individuals who were not convicted for that crime; even if their record still reflects that they had that been arrested for the offense. Expungement allows people to get their lives back on track so that youthful mistakes made as a minor do not unnecessarily follow a person around for the rest of there lives. We support HB 2059 because it reduces the collateral consequences that arise as a result of an arrest, thereby upholding our liberty principle of limited government.